Page 86 - CPAAC_Fall2015

Fair Labor Standards Act Update

County Personnel Administrators Association of California (CPAAC) Fall Conference| September 17, 2015
Presented by: Jack Hughes

Compensability of Preliminary &
Postliminary Activities

Under the FLSA as amended by the Portal to Portal
Act, employers do not have to compensate
employees for 1) commuting and 2) day-to-day
preparations to work generally performed by
employees such as:

– Personal hygiene
– Dressing professionally to go to work
– Eating at home before leaving for work

Many FLSA lawsuits seek to distinguish
compensable work from non-compensable related
activities.

17

Compensability of Preliminary &
Postliminary Activities

Activities are compensable if they are
integral and indispensable to the productive
work that the employee was hired to
perform.

18 9

© 2015 All rights reserved | www.lcwlegal.com